Textbook Concepts Exam 2 Flashcards
1
Q
What are the 2 elements that must be present for criminal guilt to be established?
A
1) Actus reus: A wrongful deed
2) Mens rea: Criminal intent.
2
Q
What does unfit to stand trial mean?
A
The defendant is incapable to conduct a defence at any stage of the proceedings on account of a mental disorder.
3
Q
Which Canadian case made it so that an unfit person could not be sentenced?
A
R. v. Balliram
4
Q
How did R. v. Taylor change the unfit to stand trial criteria?
A
Defendant need only to be able to state the facts related to the offence that would allow for an appropriate defence. Also the defendant need not be able to communicate facts that are in their best interests (too strict a criterion)
5
Q
How long can someone be held in custody for a fitness evaluation?
A
Five day limit, with provisions for extensions if necessary. Extension is not to exceed 30 days, entire length of detention should not exceed 60 days.
6
Q
What province has the most people who are given the legal status of unfit compared to the least?
A
Ontario and Nunavut.
7
Q
How can Canadian psychologists be involved in court ordered assessments?
A
Psychological testing, assist with the assessment of the defendants, submission of results to psychiatrists or medical practitioners who can interpret the results.
8
Q
What is the Fitness Interview Test Revised?
A
A semi-structured interview which assesses three psychological abilities stated in the code’s fitness standard.
9
Q
What are the 3 psychological abilities that are part of the FIT-R?
A
1) Understand the nature or object of the proceedings
2) Understand the possible consequences of the proceedings
3) Communicate with counsel.
10
Q
What are the 3 stages involved in the decision making stage with the FIT-R?
A
1) Determining the existence of a mental disorder
2) Determining the defendants capacity regarding the 3 items
3) Examining previous information.
11
Q
What score on the FIT-R indicates that someone should go for a more comprehensive evaluation?
A
20 or below.
12
Q
What is the CAI? (Competency to Stand Trial Assessment Instrument)
A
Assesses 13 functions using a semi-structured interview.
13
Q
What is the Interdisciplinary Fitness Interview?
A
Semi-structured interview consisting of 3 areas of competency (functional memory, appropriate relationship with attorney, understanding of justice system)
14
Q
What are the 4 main sections of the IFI?
A
1) legal items
2) Psychopathological items
3) Overall evaluation
4) Consensual judgement.
15
Q
What other things should be reviewed when conducting a competency assessment?
A
Defendants attorney, previous mental health contacts, and jail personnel. Mental health reports, police reports, and prior arrest history.
16
Q
What is the MacArthur Competence Assessment Tool?
A
A structured interview containing 22 items that assesses competencies in 3 areas:
1) Factual understanding of the legal system and adjudication process
2) Reasoning ability
3) Understanding of own legal situation and circumstance.
17
Q
What is more likely of incompetent defendants?
A
More likely to be diagnosed as psychotic, more likely to be unemployed and unmarried.
18
Q
What is more likely of competent defendants?
A
Having a current violent criminal charge as opposed to a nonviolent one.
19
Q
What is the most common form of treatment to make someone fit to stand trial?
A
Medication.
20
Q
In Canada, when is the defendant reassessed for fitness?
A
45 days.
21
Q
What happens if the defendant remains unfit after 90 days?
A
Referred to a review board for assessment and disposition.
22
Q
What is a prima facie case?
A
Case in which the crown prosecutor must prove there is sufficient evidence to bring the case to charge. (if a defendant remains unfit after 90 days)- has to review every 2 years.
23
Q
In youth cases who are deemed unfit, how often does the court review?
A
Every year.
24
Q
What was Bill-C 10?
A
Court now has the authority to stay proceedings for any defendant who is unlikely to become fit if:
1) The accused is unlikely to ever become fit
2) The accused does not pose a significant threat to safety
3) A stay of proceedings is in the interest of the proper administration of justice.
25
Who has the power to determine if an absolute discharge is okay?
The courts- review board can make recommendations.
26
What is insanity?
Defined as not being sound of mind and being mentally deranged and irrational.
27
How does insanity remove responsibility?
Because of uncontrollable impulses or decisions (hearing voices)
28
What was the case of James Hadfield?
Attempted to assassinate King George 3- had suffered a brain injury while fighting against the French and lawyer argued he was out of touch with reality. After this, the Criminal Lunatics Act was established.
29
What are the 3 specifics that came out of the McNaughton case according to the insanity defences of today?
1) A defendant must be found to be suffering from a defect of reason/mind
2) A defendant must not know the nature and quality of the act they committed
3) A defendant must not know that what they are doing is wrong.
30
What are community treatment orders?
People living with mental illness in a community must report to a mental health caregiver on a regular basis, can also be forced to take medication (if they don't, they can be noninstitutionalized).
31
What are the 2 situations in Canada where the Crown may raise the issue of insanity?
1) Following a guilty verdict, crown can argue NCRMD. Happens when Crown believes that the defendant requires psychiatric treatment and a mental facility is best suited for their needs
2) If the defence states the defendant has a mental illness, crown can argue it.
32
What are the 5 scales included on the Rogers Criminal Responsibility Assessment Scales?
1) Patient reliability
2) Organicity
3) Psychopathology
4) Cognitive control
5) Behavioural control.
33
What is an absolute discharge?
If the defendant is not a risk to society and poses a low risk for reoffending, can be released into the community without restrictions.
34
What is a conditional discharge?
Defendant is released, but must meet certain conditions- failure to meet these conditions may result in incarceration or institutionalisation.
35
When can you force treatment on a defendant?
If they are no longer competent to make decisions about their treatment.
36
What kinds of things do review boards take into account when reviewing a defendants disposition?
Charge information, trial transcript, criminal history, risk assessment, clinical history, psychological testing, and hospitals recommendations.
37
What is capping?
Refers to the maximum period of time that a person with a mental illness can be affected by their disposition. Once cap is reached, can either be released without restrictions or can be involuntarily mitted to hospital.
38
What are the 4 main criteria that are decided upon when looking at dispositions?
1) Public safety
2) Mental state of defendant
3) Reintegration
4) Other needs of defendant.
39
What factors are more related to a decision to detain or release an individual?
Dynamic (factors that are changeable).
40
Is automatism seen as a specific defense?
No, judges have to rely on their own judgements.
41
What is noninsane automatism?
Involuntary behaviour that occurs because of an external factor.
42
What is insane automatism?
Involuntary action that occurs because of a mental disorder.
43
What factors are considered by the Jury when looking at whether a defendants behaviour was involuntary?
Psychiatric assessments
Severity of triggering event
History of automatic behaviour.
44
What are the 2 things the trial judge must decide upon when pleading automatism?
Whether the defendants behaviour was involuntary, and if the condition was a mental disorder.
45
What kinds of verdicts are given in cases of noninsane automatism?
Not guilty.
46
What kinds of verdicts are given in cases of insane automatism?
Case proceeds as NCRMD.
47
What kinds of defences can be used when arguing noninsane automatism?
```
A physical blow
Physical ailments (stroke)
Hypoglycemia
CO poisoning
Sleepwalking
Involuntary Intoxication
Psychological blow- dissociatve states from psychological factors like grief, mourning, or anxiety.
```
48
What does a NCRMD verdict result in?
The possibility of the defendant being sent to a mental facility
49
What does insane automatism verdicts result in?
An NCRMD ruling- subject to same dispositions as those with an NCRMD defence.
50
What are the psychiatric disorders seen the most in defendants and what are the least?
Substance abuse and schizophrenia respectively.
51
What current measures are in place for mentally ill defendants who do not meet the criteria for NCRMD or being unfit?
Segregated from other offenders if inmates are suicidal or prone to self injury.
52
Why are there such high rates of mental illness in offender populations?
1) Individuals with mental illness are more likely to be arrested
2) Individuals with mental illness are less adept at committing crimes and are more likely to get caught
3) Invidiuals with mental illness are more likely to plead guilty.
53
When does mandatory supervision occur?
After serving 2/3 of a sentence.
54
Which types of mentally ill offenders are more likely to recidivate?
Offenders with both substance use and mental health disorders- also have higher rates of violent behaviour.
55
When does criminal behaviour typically decline among offenders with mental illnesses?
At age 40+.
56
What other things (other than schizo) affect the likelihood of future violence?
Prior violence and substance abuse.
57
What types of crimes are NCRMD defendants more likely to commit?
Murder or attempted murder- however they also commit a variety of crimes similar to other offenders.
58
What are the best predictors (demographic) of recidivism?
Age of admission, number of days hospitalized, number of previous offences (strongest predictor)
59
What types of treatment options are available for those with active psychotic symptoms?
Antipsychotic drugs and behaviour therapy.
60
What is a community treatment order?
Allows the offender with a mental illness to live in the community under the agreement that they will do treatment or detention if their condition deteriorates.
61
What is diversion?
Diverting offenders directly into a treatment program rather than going through the court (Minor charges).
62
What are mental health courts?
Courts designed to redirect those with mental health needs back to the mental-health care system rather than the CJS
63
What are the 4 main objectives of mental health courts?
1) To divert the accused who have been charged with minor to moderately serious offences
2) To facilitate evaluation of a defendants fitness
3) To ensure treatment for defendants mental illness
4) To decrease the cycle of mentally ill offenders becoming repeat offenders.
64
What are the prediction and management portions of risk assessment?
Prediction: The probability that an individual will commit future criminal or violent acts.
Management: Development of interventions to manage/reduce likelihood of future violence.
65
What did the Baxstrom and Dixon studies reveal about risk assessment?
Few patients committed violence when released, and the error rate was very high.
66
What are civil contexts?
The private rights of individuals and the legal proceedings connected to these rights.
67
What is civil commitment?
Requires an individual to be hospitalized involuntarily if they have a mental illness or pose a threat/danger to themselves. Only a psychiatrist can civilly commit someone in Canada
68
What is the duty to warn?
Mental health professionals are expected to consider the likelihood that their patients will act in a violent manner and to intervene to prevent such behaviour.
69
What is an important issue in risk assessment in criminal settings?
Disclosure of information between the attorney and client about potential risk.
70
When is the attorney-client privilege outweighed?
When there is clear, serious, and imminent danger.
71
What is a long-term offender?
Person must pose a substantial risk for violently reoffending.
72
What happens when we minimize the number of false positive errors?
There is an increase in the number of false negative errors.
73
What implications does a false positive error have?
Implications for the individual being assessed such as a denial for freedom.
74
What implications does a false negative error have?
Implications for society and the potential victim.
75
What happens when base rates are low?
More false positives occur (ex: school shootings are infrequent, but when conducting risk assessment due to the prevalence in the media, more youth may be labelled as risky than not)
76
When is the base rate problem considered not a concern?
If predictions of violence are limited to groups with a high base rate of violence- incarcerated offenders.
77
What are the 3 main weaknesses of research on the prediction of violence?
1) Limited number of risk factors being studied
2) How we measure the criterion variable
3) How criterion variable is defined.
78
What is the 5 step process of risk assessment?
1) Gather information
2) Evaluate risk and protective factors
3) Determine risk level
4) Develop intervention or supervision plan
5) Monitor change in risk level.
79
What are the 4 components of violence-risk-assessment approaches?
1) Identifying empirically valid risk factors
2) Determining a method for measuring these factors
3) Establishing a procedure for combining scores on risk factors
4) Producing an estimate of violence risk.
80
What is a risk factor?
A measurable feature of an individual that predicts the behaviour of interest such as violence.
81
What are static risk factors?
Factors that do not fluctuate over time and are not changed by treatment (age at first arrest)- AKA historical risk factors.
82
What are dynamic risk factors?
Fluctuate overtime and are amenable to change (ex: antisocial attitudes). AKA criminogenic needs.
83
How are risk factors conceptualized on a continuum?
At one end are static risk factors and at the other are acute dynamic risk factors.
84
What are acute dynamic risk factors?
Risk factors that change rapidly within days, hours, or minutes and often occur just prior to an offense (mood, level of intoxication).
85
What are stable dynamic risk factors?
Factors that can change, but over long periods of time such as months or years, variables that should be targeted for treatment (example: Criminal attitudes, coping ability, and impulse control).
86
What are dynamic risk factors related to?
The imminence of engaging in violent behaviour.
87
What is the Static-99?
Actuarial scale designed to predict sexual recidivism- all items are static in nature.
88
What are some of the items on the Static 99?
- Young age at time of release
- Prior nonsexual violent convictions
- Prior sex offences/sentences
- Any male victims
- Any unrelated/stranger victims.
89
What is the HCR-20?
Designed to predict violent behaviour in correctional, forensic psychiatric, and civil psychiatric adult samples. Uses structured professional judgement approach.
90
What are the 3 scales that are part of the HCR-20?
Past (historial), present (clinical), and future (risk management).
91
What are some historical factors?
Violence, other antisocial behaviour, relationship/employment instability, substance use problems, major mental disorder etc.
92
What are some clinical risk factors (current, dynamic)
Lack of insight, violent ideation or intent, major mental disorder, instability, treatment of supervision responses.
93
What are some risk management risk factors?
Professional services and plans, living situation, level of personal support, treatment of supervision response, stress or coping.
94
What are historical risk factors?
Events experienced in the past, including general social history and specific criminal history variables.
95
What are dispositional risk factors?
Reflect the person's traits, tendencies, or style and include demographic, attitudinal, and personality variables.
96
What are clinical risk factors?
Symptoms of mental disorders that can contribute to violence such as substance abuse or major psychosis.
97
What are contextual risk factors?
Aspects of the individual's current environment that can elevate the risk, such as access to victims or weapons.
98
What predictors were found to correlate with violent recidivism in adult offenders, sexual offenders, and patients with mental disorders?
1) Factors that predict general recidivism also predict violent or sexual recidivism
2) Predictors of recidivism in offenders witental disorders overlap considerably with normal offenders.
99
What are some of the risk factors for politically motivated violence (terrorism)
```
Age (average between 20-29)
Gender
Marital status (most are single)
Social class
Prior crime
Suicidality
Major mental illness (low rates)
Substance abuse (rare)
Psychopathy (rare)
```
100
What are the 5 categories of risk that uniquely apply to the terrorist population?
1) Social wellbeing
2) Economic indicators
3) Governance
4) Law enforcement
5) Armed conflict
101
What is the most accurate predictor of future behaviour?
Past behaviour (both past violent and nonviolent behaviour predict violence)
102
What distinguishes recidivist rapits from non-recidivist rapists?
Lifestyle impulsivity (being impulsive in most areas of life)
103
What is an attitudinal characteristic that is strongly related to engaging in anti social behaviour?
Pro-criminal attitudes.
104
What drug is most associated with crime?
Heroin
105
What types of mental disorders have been linked to higher rates of violence?
Schizophrenia and affective disorders.
106
What are the 4 types of support?
1) Instrumental (to provide the necessities of life)
2) Emotional (to give strength to)
3) Appraisal (to give aid or courage to)
4) Information (by providing new facts)
107
What is the recidivism process?
Environmental trigger, cognitive and emotional appraisal of the event, attempt to deal (depends on adequacy of coping mechanisms).
108
Which 2 factors demonstrate how an individual perceives and responds to environmental triggers?
Individual and response mechanisms.
109
What are individual influences?
Include factors such as criminal history and enduring personality traits- influence how an individual perceives an event and the likelihood they will engage in criminal conduct (stable)
110
What are response influences?
Response mechanisms influence how an individual will perceive a situation, which in turn mediates that person's response (more dynamic, focus of intervention). Coping ability, substance use, criminal attitudes, associates, social supports.
111
What is the only crime that women commit more often than men?
Prostitution.
112
Who do females target when committing violence?
More likely to target family members than men.
113
What else is more likely of female offenders? a
More likely to report childhood victimization and have a serious mental disorder.
114
What are some risk factors that are more specific to women than men?
History of self injury, attempted suicide, and self-esteem problems.
115
What did men and women score higher on respectively on the LSI-R?
Men: Higher on social domains relating to antisocial peers, lack of prosocial activities, and substance abuse
Females: Higher scores on personal/emotional concerns, financial problems, and family/marital difficulties.
116
What percentage of incarcerated people are Indigenous women?
37%
117
What is the problem when it comes to Risk assessment measures and the Indigenous Population?
The most predictive factors for indigenous offenders were not the best for non-indigenous offenders- proposed culturally relevant risk factors.
118
What are protective factors?
Factors that mitigate or reduce the likelihood of antisocial acts or violence in offenders.
119
What are some protective factors?
Prosocial involvement, strong social supports, positive social orientation, strong attachments, and intelligence. .
120
What is a protective factor for high risk and low risk offenders respectively?
High risk: Employment stability
| Low risk: Strong family connections.
121
What are some protective factors for adult male sex offenders?
Professional support, social networks, structured group activities, goal directed living, and a hopeful or persistent attitude to desistance
122
What is maturation?
The devlopment of self and social control, related to age desistance.
123
Which factor of psychopathy is more related to instrumental violence, emotional-procesing deficits, dropping out of treatment, and poor treatment response?
Factor 1: Interpersonal and affective traits.
124
Which factor of psychopathy is more strongly related to reoffending, substance abuse, lack of education, and poor family background?
Factor 2: Unstable and socially deviant traits.
125
What are the 3 factors that some psychologists have argued for?
1) Arrogant and deceitful interpersonl style
2) Deficient affective experience
3) Impulsive and irresponsible behavioural style.
126
Why are self report measures difficult with psychopaths?
May lie and malinger, may not have sufficient insight to accurately assess their traits, difficult for them to report on emotions they have not experienced.
127
What is the Personality Inventory Revised?
Measures psychopathic traits in offender and community samples.
128
What is the psychopathic personality inventory- revised?
Assesses psychopathic traits in community samples.
129
What are the 4 factors on the SRP?
Erratic lifestyle
Callous affect
Interpersonal manipulation
Criminal tendencies.
130
What is the triarchic model of psychopathy?
Assesses 3 main components: Boldness, meanness, and disinhibition.
131
What is the difference between a psychopath and a sociopath?
Sociopaths tend to develop traits as a result of poor parenting and other environmental factors, psychopaths are genetically predisposed.
132
What percntage of adult offenders are diagnosed with ASPD?
80%
133
What are psychopathic employees typically good at?
Getting information on other employees, spreading rumours and causing dissension.
134
What are psychopaths in the workforce not good at?
Pulling their own weight.
135
What are the most prevalent traits found in psychopaths?
```
Lifestyle traits (impulsivity and risk taking)
Antisocial traits as least prevalent.
```
136
What are eight characteristics of male psychopaths in heterosexual relationships?
1) Talking the victim into victimization
2) Lying
3) Economic abuse
4) Emotional abuse/psychological torture
5) Multiple infidelities
6) Isolation and coercion
7) assault
8) Mistreatment of children.
137
What types of behaviours are psychopaths more likely to engage in during interrogation?
```
Trying to outwit the interrogator
Enjoy being the focus of attention
Attempt to control interrogation
Not be fooled by bluffs
Attempt to shock.
```
138
What are some strategies when interviewing a psychopathic suspect?
Ensure case familarity, convey experience and confidence, show liking or admiration, avoid criticism, avoid conveying emotions.
139
What are the main group differences between Indigenous offenders and non-Indigenous offenders on the PCL-R?
Indigenous offenders scored 2 points higher, particularly on lifestyle and antisocial factors.
Non indigenous scored higher on the interpersonal facter, with no group differences on the affective factor.
140
What types of traits does psychopathy focus on when compared to ASPD?
Psychopathy: Interpersonal and affective traits
ASPD: Antisocial and behavioural traits.
141
What type of offence do psychopaths not commit more often than normal offenders?
Homicide.
142
Which factors of psychopathy are more strongly related to instrumental and reactive violence?
Instrumental: Factor 1
Reactive: Factor 2
143
Which types of sexual offenders show the most to least psychopathic traits?
Most: Mixed sexual offenders (both children and adults)
Middle: Rapists
Lowest: Child molesters.
144
What is sexual sadism?
People who are sexually aroused by fantasties, urges, or acts of inflicting pain, suffering, or humiliation on another human.
145
Is psychopathy related to sexual sadism?
Affective deficits, PCL-R scores, and antisocial facets are all related to sexual sadism.
146
What percentage of cases did psychopaths engage in instrumental murder?
93%
147
What was found with regards to treating psychopathy?
Treatment was associated with reduction in violent recidivism among nonpsychopaths, but increase in violent recidivism among psychopaths.
148
What facet of psychopathy is more strongly related to dropping out of treatment?
Affective deficits.
149
What are the most affective treatments for psychopaths?
Those that are intensive, target the criminogenic needs of the offender, and use a cognitive behavioural approach.
150
What are criminogenic needs?
Risk factors that are related to why an offender engages in criminal behaviour.
151
What trait is most strongly associated with capital punishment?
Lack of remorse
152
What measure was developed to assess potential psychopathic traits in children?
Antisocial Process Screening Device
153
What is the main strength of a prospective longitudinal study?
Allows researchers to avoid retrospective bias- tendency to reconstruct past event so they are consistent with an individuals current beliefs, and to establish causal order.
154
What are the best family predictors of adult psychopathy?
Having criminal parents, being a son whose father was uninvolved, having low family income, disrupted family, experiencing physical neglect.
155
What is the response modulation deficit theory?
Psychopaths fail to use contextual cues that are peripheral to a dominant response set to modulate their behaviour- example: if a psychopath is participating in specific rewarding behaviour, they will not pay attention to other info that might inhibit their behaviour.
156
What has the response modulation deficit theory been used to explain?
Why psychopats fail to learn to avoid punishment.
157
What is the amygdala dysfunction theory?
A deficit in the amygdala which controls emotion and emotional memory- from findings of emotional deficits in psychopaths.
